Mr. Conley goes to Washington

"I know you don't have firsthand knowledge (i.e before anybody else does, including elected officials) of everything going on now that Liz is gone. Deal with it. In the mean time you keep waking up every morning and thinking of me Charles. It's an honor to wear the badge as most wanted by Dr. Odell, it means I am doing some good for this community. "

Will Conley in e-mail response to O'Dell

Note: Let's face it, communication never has been Commissioner Will Conley's strong suit during his seven years of public "service," as he calls it, leastwise when it comes to providing information the taxpaying public is entitled to know and which might cause him some embarrassment. Public service should not be confused with playing politics. Hiding important facts and information from the public simply is not the mark of a good public servant. Conley owes the taxpayers a detailed report and explanation of his trip to Washington, period. There should be no need to dance around that fact.

Send your comments and questions to roundup.editor@gmail.com, to Mr. O'Dell at codell@austin.rr.com, to Commissioner Conley at will.conley@co.hays.tx.us or click on the "comments" at the bottom of the story

By Charles O'Dell, Ph.D.
Contributing Editor

Hays County Commissioner Will Conley believes and acts as though he were above the law. Conley avoids transparency in his official actions, works hard on behalf of special interests and thinks nothing of violating Open Records and Open Meetings laws when it suits him. There are many examples to cite and here are just a couple.

Conley attended a meeting at the U.S. Department of Interior in Washington, D.C. on April 13, 2011 to represent Hays County. The meeting was, “…to discuss streamlining the permitting processes related to the Regional Habitat Conservation Plan (RHCP), Hays County road projects and other projects that require permitting by the federal government.”

In plain terms, road builders and developers want permission to proceed with their projects before Endangered Species Act studies are completed.

The Washington meeting was arranged by Austin attorney Alan Glenn, a Hays County RHCP consultant. Commissioner Conley spent $2,186.85 of taxpayer money on his overnight trip, and played hooky from the April 12, 2011 commissioners’ court meeting.

Conley left commissioners’ court meeting shortly after roll call and long before the court authorized Conley to represent Hays County and approved payment with public funds for his travel that Conley had already committed the week before.

Will Conley/RoundUp

We wondered why Conley abused his office, skipped almost all of commissioners’ court on Tuesday, April 12th to begin a trip at public expense before court authorization and approval; how he used our public funds; and what the results were from his Washington, D.C. meeting regarding official Hays County business.

Lack of Accountability or Stewardship

Conley booked United flight 766 leaving Austin on April 12, 2011 at 11:58am, arriving Washington Dulles at 4:06pm. Roundtrip fare cost taxpayers over $1,600. Conley could have flown Southwest Airlines nonstop leaving from Austin at 3:50pm, arriving Baltimore (same distance from DC as Dulles) at 8:05pm. Roundtrip cost was less than $1,000, saving taxpayers over $600, and providing Conley four more hours in commissioners’ court.

Why did Conley leave commissioners’ court four hours early and spend $600 more to arrive early the day before his meeting?

Conley stayed one night at The Jefferson Hotel (5 star) costing taxpayers over $320. The Jefferson is located more than a mile from his meeting. For $149, Conley could have stayed at the State Plaza Hotel (4 star), located just two blocks from his meeting, saving taxpayers an additional $171 plus cab fare.

Why did Conley stay at one of the most expensive Washington hotels located over a mile from his meeting when he could have stayed within walking distance at less than half the cost to taxpayers?

Open Meeting Violation

“…the electors, have an inalienable right to watch as they, the elected, make our laws and spend our money. The doors to deliberations must remain open… The Texas Open Meetings Act at times can be burdensome for elected officials who'd like to discuss public matters or act on our behalf without our knowledge.” ~ Austin-American Statesman Editorial Board, Dec. 15, 2009

Conley made his trip reservations eight days before, obtained a purchase order a week before, and left commissioners’ court long before agenda item 17 authorizing him to represent Hays County at the Washington meeting and approving $2,186.85 for travel was even voted on April 12, 2011. This was clearly another Conley open meetings violation.

Open Records Violation

Texas' Public Information Act (open records) is a tremendous resource with a noble goal essential to self-governance in a democracy ~ Forth Worth Star-Telegram Editorial, May. 22, 2011

"It is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees," the law states. "The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." ~ Texas Public Information Act

The law is supposed to be "liberally construed in favor of granting a request for information." ~ Texas Attorney General

Mr. Conley wasn’t talking about the results of his official Washington trip so we made an open records request to find out why. We requested copies of the following items:

1. The airline ticket for Commissioner Will Conley regarding his recent trip to Washington, D.C. on official Hays County business.
2 Mr. Conley’s schedule of meetings, personnel and subject matter associated with his recent trip to Washington, D.C. on official Hays County business.
3. All other documents (email, correspondence, written phone notes, commissioners court minutes, etc.) used in preparation for Mr. Conley’s aforementioned trip to Washington, D.C. on official Hays County business.

We only received the following documents:

1. Mr. Conley's Agenda Item Request Form (available on the Internet)
2. Commissioners' court minutes related to authorizing $2,186.85 for travel (available on the Internet) and,
3. Conley’s Washington Expedia itinerary

We complained that documents responsive to our open records request had been withheld by Conley. We copied the Texas Attorney General Office with our complaint of Conley’s open records violation.

Hays County quickly followed up with additional documents that included the following:

1. Conley’s purchase order with flight and hotel accommodation information
2. An undated 33 page briefing book primarily relating to the Williamson County RHCP.
3. An undated one page Hays County RHCP timeline.
4. Conley’s purchase order for air fare, hotel and travel allowance.
5. An email from attorney Alan Glenn, Hays County RHCP consultant, to Michael Bean, Counselor to the Assistant Secretary for Fish, Wildlife and Parks, setting up the April 13, 2011 meeting and,
6. An invoice to HaysCAN for document copies.

To find out what taxpayers got for their money we emailed Conley the following request (which, despite Conley’s claim, constitutes an open records request if written documents exist):

I have ten questions regarding your April 12/13, 2011, trip to Washington, D.C., where you visited with Michael Bean, Counselor to the Assistant Secretary for Fish, Wildlife and Parks, and with others. To make my questions easy to follow I have listed them below. Thank you for your response.

Questions:
Who scheduled the meeting with Mr. Bean?
What was the major purpose of the meeting?
What specific subjects were discussed at the meeting?
What was your role at the meeting?
How long was the meeting?
During the meeting did you express or agree that Hays County was considering walking away from the RHCP?
What was the major outcome of the meeting from your perspective?
Did you prepare a written report of the meeting for yourself, for commissioners’ court and/or for any other party?
Did Alan Glen provide a written report of any kind regarding the meeting results?
Could the meeting have been scheduled so that you wouldn’t miss commissioners’ court?

Here is Conley’s response to my inquiry received Monday:

“Charles,

Since you have had questions for me every Monday morning for the past few weeks I think it is appropriate to ask you some questions.

1. Have you or anyone associated with you over the past years had any contact with the Service?
2. If so was that contact in regards to fm 1626 and what was the context of those conversations?
3. same for fm 110?
4. Have you contacted the Service about our HCP and if so what was the context of those discussions?

I don't care to play your little games. The time and money you have cost the tax payers of this county for your political agendas is astronomical.

You have filed everything you can possibly file on a person in my seven years of service, you have also brought my friends and FAMILY into your sick game at different times. You are the one who is not transparent or interested in the public good. Just your same old self interested agenda. Till you start answering some questions, I have nothing to say to you. If you want to file more open records request that is your legal right to do, and you can do so through our attorney office. Since this wasn't an open records request, and you asked for my opinion, I have the right to question you also. I know you don't have firsthand knowledge (i.e before anybody else does, including elected officials) of everything going on now that Liz is gone. Deal with it. In the mean time you keep waking up every morning and thinking of me Charles. It s an honor to wear the badge as most wanted by Dr. Odell, it means I am doing some good for this community.

W”

Clearly, Mr. Conley sees public interest as a game of keep-away to be played with citizens. Unfortunately, he has passed up yet another opportunity to be transparent in his official actions and to be accountable to the public. Instead, Mr. Conley is upset that someone would hold him accountable for his actions.

In the meantime, ‘A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to authorize Commissioner Will Conley to represent Hays County in discussions with the officials from the Department of Interior and others in Washington D.C.; and to authorize payment of travel and accommodations out of countywide contingencies. All voting “Aye”. MOTION PASSED’

Mr. Conley was long gone by the time that vote was taken and none of the other commissioners court members seem disturbed about Conley acting without court authorization and approval. But citizens care about open meetings, open records, official transparency and accountability.